Thailand Reaffirms No UPOV 1991 Commitment in EU Trade Talks
Thai officials have publicly dismissed reports that the country has accepted the EU’s push to adopt the UPOV 1991 plant variety treaty as part of ongoing free trade negotiations. The government insisted no binding agreement has been made, and any change to Thailand’s seed-saving laws remains off the table.
Farmers’ seed rights protected under current law — The Plant Variety Protection Act B.E. 2542 (1999) continues to uphold the right of Thai farmers to save, reuse, and exchange harvested seeds. This is not under negotiation, according to the Ministry of Agriculture and Cooperatives.
Negotiations Advance, But Key Sticking Points Remain
The tenth round of FTA talks is set for 28 September to 2 October 2026 in Phuket, following the ninth session in Brussels this past June. To date, 15 of 24 chapters have seen general alignment — including trade remedies, exceptions, and goods. But the most sensitive areas — agricultural access and intellectual property — are still unresolved.
Thailand is seeking exemptions for key farm products like rice, cassava, and tropical fruits, aiming to shield smallholders from sudden market shocks. At the same time, negotiators are pushing for stronger access for Thai processed foods, seafood, and rubber exports into the EU market.
Why UPOV 1991 Worries Rural Communities
UPOV 1991 grants breeders exclusive control over the reproduction and sale of new plant varieties. While it allows member states to carve out limited exceptions for farmers, these are narrowly defined and subject to the breeder’s “legitimate interests.”
In Thailand, where over 70% of rural households still rely on informal seed networks, civil society groups warn that adopting UPOV 1991 could:
• Shift farmers from seed custodians to buyers, forcing annual purchases of certified seed
• Raise production costs across smallholder farms, potentially increasing food prices
• Reduce genetic diversity, as commercial varieties crowd out local, adapted strains
• Enable biopiracy risks, where foreign entities patent Thai-native crops without benefit-sharing
The Ministry of Agriculture has clarified that Thai law cannot be overridden by treaty language alone. Any future amendment to the Plant Variety Protection Act would require parliamentary debate, public hearings, and approval — not just trade deal signatures.
Economic Upside vs. Agricultural Risk
The Thai Board of Trade estimates the EU FTA could boost annual GDP by 1.28% and increase exports by ฿350 billion. Foreign investment from the U.S., China, and Japan may rise as companies restructure supply chains to use Thailand as an export gateway to the EU.
But analysts highlight a critical tension: “A 3% GDP bump doesn’t offset lost sovereignty if families can no longer plant their own rice seeds,” said one policy researcher from Chulalongkorn University. “Trade deals shouldn’t rewrite rural life.”
How Thailand’s Approach Differs from Neighbors
Vietnam accepted UPOV 1991 conditions in its FTA with the EU and amended domestic law accordingly. Indonesia has paused its talks until it can better assess the impact on traditional seed systems. South Korea and Japan, already UPOV members before signing their respective agreements, faced less opposition because their systems were aligned.
Thailand is not following either path. Officials have repeatedly stated: “We will not trade food sovereignty for market access.”
What Happens Next?
Even if negotiators reach a final text, the treaty must undergo a minimum 12-month review process through Thailand’s Cabinet and Parliament. Public comments from farmers’ unions, universities, and NGOs are being formally collected and will influence the final position.
The government has pledged to publish translated summaries of EU proposals, including all UPOV 1991 language, in accessible formats for rural communities. Transparency, they say, is non-negotiable — and so is protecting the right of every Thai farmer to save seed.
Until then, every round of talks, every public forum, and every farmer’s voice remains part of the decision.
